Charles E. Hughes, the Statesman: As Shown in the Opinions of the JuristE. P. Dutton, 1916 - 353 páginas |
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Página 13
... transportation and in- dustrial problems seemed for a time to make to the Federal system . He was " a team - work judge , " not an unrea- soning adherent of individual opinion . Per- haps the best thing that can be said about his work ...
... transportation and in- dustrial problems seemed for a time to make to the Federal system . He was " a team - work judge , " not an unrea- soning adherent of individual opinion . Per- haps the best thing that can be said about his work ...
Página 19
... viola- tive of the regulative rules declared by Con- gress as to interstate transportation . The as- sertion was made that the Federal government was not empowered by the " commerce clause " to 18 19 CHARLES E. HUGHES NATIONAL POWER.
... viola- tive of the regulative rules declared by Con- gress as to interstate transportation . The as- sertion was made that the Federal government was not empowered by the " commerce clause " to 18 19 CHARLES E. HUGHES NATIONAL POWER.
Página 21
... transportation business and the inevitable com- mingling of intrastate with interstate opera- tions and properties . Interstate commerce is National , and the Nation is supreme within the National field . As to the power of the State ...
... transportation business and the inevitable com- mingling of intrastate with interstate opera- tions and properties . Interstate commerce is National , and the Nation is supreme within the National field . As to the power of the State ...
Página 23
... transportation separately consid- ered . If the State rates are not of this charac- ter a question to be dealt with later - they cannot be sustained in any event ; but , assum- ing them to be otherwise valid , the decree be- low , with ...
... transportation separately consid- ered . If the State rates are not of this charac- ter a question to be dealt with later - they cannot be sustained in any event ; but , assum- ing them to be otherwise valid , the decree be- low , with ...
Página 25
... transportation . Was this power , apart from Federal action , subject to the limitation that the State could not fix intrastate rates , reasonable as such , generally throughout the State , but only as to such places and in such ...
... transportation . Was this power , apart from Federal action , subject to the limitation that the State could not fix intrastate rates , reasonable as such , generally throughout the State , but only as to such places and in such ...
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Términos y frases comunes
action affirmed Amendment applied April April 29 Argued authorised authority boric acid carriers cial Circuit Court Commission Company concurring Congress Constitution contract conviction corporation Court of Appeals curring Decided decision Decree denied Devanter dissent District Court due process effect employé employer enactment enforcement exercise fact fair Fourteenth Amendment franchise freedom of contract grant habeas corpus held Holmes ingredient inter interstate commerce Interstate Commerce Commission intrastate rates judicial jurisdiction jury Justice Hughes labour Lamar lative legislation legislature limits Lurton Majority view McKenna ment merce Minority view National opinion ordinance person Philadelphia Co Pitney plaintiff plaintiff in error prescribed prohibition protection public policy purpose question railroad reasonable regulation require rule statute Stock Food Sub't'd Substance of Holding Supreme Court sustaining taining tion tive trade traffic transportation trial U. S. Reports Unanimous unless otherwise United unless otherwise shown writ
Pasajes populares
Página 21 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Página 15 - Incidentally, they may become connected with interstate commerce, but not necessarily so. Their regulation is a thing of domestic concern, and, certainly, until Congress acts in reference to their interstate relations, the State may exercise all the powers of government over them, even though in so doing it may indirectly operate upon commerce outside its immediate jurisdiction.
Página 5 - The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally...
Página 61 - The scope of judicial inquiry in deciding the question of power is not to be confused with the scope of legislative considerations in dealing with the matter of policy. Whether the enactment is wise or unwise, whether it is based on sound economic theory, whether it is the best means to achieve the desired result, whether, in short, the legislative discretion within its prescribed limits should be exercised in a particular manner, are matters for the judgment of the legislature, and the earnest conflict...
Página 11 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves.
Página 31 - This is not to say that Congress possesses the authority to regulate the internal commerce of a State, as such, but that it does possess the power to foster and protect interstate commerce, and to take all measures necessary or appropriate to that end, although intrastate transactions of interstate carriers may thereby be controlled.
Página 47 - If the facility of interstate transportation can be taken away from the demoralization of lotteries, the debasement of obscene literature, the contagion of diseased cattle or persons, the impurity of food and drugs, the like facility can be taken away from the systematic enticement to and the enslavement in prostitution and debauchery of women, and, more insistently, of girls.
Página 17 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward ; neither can it do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law.